§1409 — Title 10 Armed Forces | U.S. Code

Summary

Sets how to get the percent used to compute most military retired pay and some retainer pay. For most people, take 2.5 percent and multiply it by the member’s years of creditable service. “Years of creditable service” counts full years and adds 1/12 of a year for each extra month. There are special rules. If a person first joined after July 31, 1986, took certain enlistment bonuses, has less than 30 years, and is under 62 at retirement, the percent is reduced by 1 percentage point for each full year under 30 and by 1/12 of a point for each extra month short. If someone retires with more than 30 years and retired before January 1, 2007, the percent is 75 percent. For those retiring after December 31, 2006, it is 75 percent plus 2.5 percent for each year over 30 under conditions set by the Secretary of Defense. Members who joined on or after January 1, 2018, or who elected the full TSP option, use 2 percent per year, a 60 percent base instead of 75 percent, and 2 percent for years over 30. Service members on December 31, 2017, with under 12 years could choose the TSP option in 2018 under rules and time limits the military sets.

Title 10, §1409

Armed Forces — Source: USLM XML via OLRC

(a)In computing—

(1)the retired pay of a member of a uniformed service who is entitled to that pay under any provision of law other than—

(A)chapter 61 of this title (relating to retirement or separation for physical disability); or

(B)chapter 1223 of this title (relating to retirement for non-regular service); or

(2)the retainer pay of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title,

(b)(1)Subject to paragraphs (2) and (3), the percentage to be used under subsection (a) is the product (stated as a percentage) of—

(A)2½, and

(B)the member’s years of creditable service (as defined in subsection (c)).

(2)In the case of a member who first became a member of a uniformed service after July 31, 1986, has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of title 37, has less than 30 years of creditable service, and is under the age of 62 at the time of retirement, the percentage determined under paragraph (1) shall be reduced by—

(A)1 percentage point for each full year that the member’s years of creditable service are less than 30; and

(B)1⁄12 of 1 percentage point for each month by which the member’s years of creditable service (after counting all full years of such service) are less than a full year.

(3)(A)In the case of a member who retires before January 1, 2007, with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent.

(B)In the case of a member who retires after December 31, 2006, with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of—

(i)75 percent; and

(ii)the product (stated as a percentage) of—

(I)2½; and

(II)the member’s years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.

(4)(A)Notwithstanding paragraphs (1), (2), and (3), in the case of a member who first becomes a member of the uniformed services on or after January 1, 2018, or a member who makes the election described in subparagraph (B) (referred to as a “full TSP member”)—

(i)paragraph (1)(A) shall be applied by substituting “2” for “2½”;

(ii)clause (i) of paragraph (3)(B) shall be applied by substituting “60 percent” for “75 percent”; and

(iii)clause (ii)(I) of such paragraph shall be applied by substituting “2” for “2½”.

(B)Pursuant to subparagraph (C), a member of a uniformed service serving on December 31, 2017, who has served in the uniformed services for fewer than 12 years as of December 31, 2017, may elect, in exchange for the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5.

(C)(i)Except as provided in clauses (ii), (iii), (iv), and (v), a member of a uniformed service described in subparagraph (B) may make the election authorized by that subparagraph only during the period that begins on January 1, 2018, and ends on December 31, 2018.

(ii)The Secretary concerned may extend the election period described in clause (i) for a member who experiences a hardship as determined by the Secretary concerned.

(iii)A member of a uniformed service who returns to service after a break in service that occurs during the election period specified in clause (i) shall make the election described in subparagraph (B) within 30 days after the date of the reentry into service of the member.

(iv)A member of a uniformed service who serves as a cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps during the election period specified in clause (i) shall make the election described in subparagraph (B)—

(I)on or after the date on which such cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps is appointed as a commissioned officer or otherwise begins to receive basic pay; and

(II)not later than 30 days after such date or the end of such election period, whichever is later.

(v)A member of a reserve component who is not in an active status during the election period specified in clause (i) shall make the election described in subparagraph (B)—

(I)on or after the date on which such member is transferred from an inactive status to an active status or active duty; and

(II)not later than 30 days after such date or the end of such election period, whichever is later.

(D)Thrift Savings Plan contributions may not be made for a member making an election pursuant to subparagraph (B) for any period beginning before the date of the member’s election under that subparagraph by reason of the member’s election.

(E)The Secretary concerned shall prescribe regulations to implement this paragraph.

(c)In this section, the term “years of creditable service” means the number of years of service creditable to a member in computing the member’s retired or retainer pay (including 1⁄12 of a year for each full month of service that is in addition to the number of full years of service of the member).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(2), means section 322 of title 37 as in effect before enactment of Pub. L. 110–181. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–232 substituted “section 8330” for “section 6330”. 2016—Subsec. (b)(4)(C)(i). Pub. L. 114–328, § 631(a)(1), substituted “, (iii), (iv), and (v)” for “and (iii)”. Subsec. (b)(4)(C)(iv), (v). Pub. L. 114–328, § 631(a)(2), added cls. (iv) and (v). 2015—Subsec. (b)(4). Pub. L. 114–92 added par. (4). 2008—Subsec. (b)(2). Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”. 2006—Subsec. (b)(3). Pub. L. 109–364 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of a member with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent.” 1999—Subsec. (b)(2). Pub. L. 106–65 inserted “certain” after “Reduction applicable to” in heading and “has elected to receive a bonus under section 322 of title 37,” after “July 31, 1986,” in introductory provisions. 1994—Subsec. (a)(1)(B). Pub. L. 103–337 substituted “chapter 1223” for “chapter 67”. 1989—Subsec. (a)(1). Pub. L. 101–189 substituted “who is entitled to that pay” for “who is retired” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 2016 Amendment Pub. L. 114–328, div. A, title VI, § 631(b), Dec. 23, 2016, 130 Stat. 2162, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the

Amendments

made by section 631(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842) [amending this section], to which the

Amendments

made by subsection (a) relate.”

Effective Date

of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of this title.

§1409 Retired Pay Multiplier

Summary

Title 10, §1409

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

Amendments

Amendments

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata